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202 Misc. 899

Carver v. Crowe & Co.

New York Supreme Court

Decided May 22, 1952

New York Supreme Court · decided 1952-05-22

Decided 1952-05-22

Per Curiam.

¶1In this summary proceeding for nonpayment of rent, payment by the tenant of the rent due dispensed with the statutory requirement of the entry of a final order for the landlords (Matter of Flewellin v. Lent, 91 App. Div. 431).

¶2The court had no jurisdiction to adjudicate as to the alleged indebtedness of the tenant to the landlords for fuel, which "was no part of the rental obligation.

¶3*900The appeals should be dismissed, without costs, and decision vacated, without prejudice to an action by the landlords to recover the fuel charge.

¶4Hofstadteb, Edeb and Schbeibeb, JJ., concur.

¶5Appeals dismissed, etc.

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